The Court disposed of a writ petition by directing the Alappuzha Municipality to disburse all terminal benefits due to a retired sanitation worker within three months and penal delay with interest.
Direct the 3rd Respondent to disburse all terminal benefits due to the petitioner within three months; pay 6% interest per annum for delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 6TH DAY OF APRIL 2018 / 16TH CHAITHRA, 1940
WP(C).No. 8319 of 2018
-----------------------
PETITIONER
SATHYANESHAN, AGED 60 YEARS,S/O.SAHADEVAN, KATTUNKAL VELI, KOMMADI, THUMPOLI.P.O. ALAPPUZHA DISTRICT (RETD.SANITATION WORKER, ALAPPUZHA MUNICIPALITY)
BY ADV.SMT.C.K.SHERIN
RESPONDENT(S):
1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM- 695 001
2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT OFFICE, MUNICIPAL OFFICE, ALAPPUZHA- 688 003
3. ALAPPUZHA MUNICIPALITY, ALAPPUZHA.P.O., PIN- 688 001 REPRESENTED BY ITS SECRETARY
R1,R2 BY SENIOR GOVERNMENT PLEADER SRI BIJOY CHANDRAN R3 BY ADV. SRI.AZAD BABU, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V.
WP(C).No. 8319 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE INTIMATION NO H7-31668/14 DATED
EXHIBIT P2 TRUE COPY OF THE ORDER NO A3-9854/2017 DATED
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
K.V. P.S.TO JUDGE 9.04.2018
P.V.ASHA J.
W.P.(C).No.8319 of 2018
------------------------------------- Dated this the 6th day of April, 2018
JUDGMENT
Petitioner, who retired as sanitation Worker
from the Alappuzha Municipality on 30.11.2017, has filed this writ petition aggrieved by the denial of her terminal benefits, including DCRG, commuted value of pension, leave surrender, pay revision arrears, arrears of dearness allowance and the interest towards the provident fund on the arrears of DA, which was payable to him.
W.P.(C).No.8319 of 2018
2
reminding the Municipality about their obligation to make payment of the retirement benefits to the Sanitation Workers and other contingent employees in tune with the provisions contained in Kerala Municipal Contingent Employees (Death cum retirement benefits) Rules, 1977. In case the respondent had acted in tune with those provisions there would not have been any delay in making the payment.
In the above circumstances, the writ
petition is disposed of, directing the respondentMunicipality to disburse all the terminal benefits due to the petitioner including DCRG, commuted value of pension, leave surrender, pay revision arrears, arrears of dearness allowance and the interest towards the provident fund on the arrears of DA, etc., within a period of 'three months' from the date of receipt of a copy of the judgment.
In case there occurs any delay in payment,
W.P.(C).No.8319 of 2018
3
respondent-Municipality shall be liable to pay interest at the rate of 6% per annum from 01.01.2018 onwards.
Sd/- P.V.ASHA, JUDGE.
ww
2 issues framed by the court
Whether the Municipality is bound to disburse terminal benefits to a retired sanitation worker despite claiming financial crisis.
Whether the petitioner is entitled to interest on delayed payment of terminal benefits.
Sathyanesan
The Director of Municipal Administration, Thiruvananthapuram
The Deputy Director, Local Fund Audit Office, Alappuzha
Alappuzha Municipality
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
